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Agmt 2017 BKF Engineers for On-call Engineering Plan Check
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Agmt 2017 BKF Engineers for On-call Engineering Plan Check
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9/27/2017 4:11:22 PM
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9/27/2017 10:10:01 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/5/2017
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PERM
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Reso 2017-116
(Approved by)
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\City Clerk\City Council\Resolutions\2017
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Consultant shall include the provisions of this Subsection in any subcontract approved by <br /> the Contract Administrator or this Agreement. <br /> Section 8. TERMINATION AND MODIFICATION. <br /> 8.1 Termination. City may cancel this Agreement at any time and without cause upon written <br /> notification to Consultant. <br /> Consultant may cancel this Agreement upon 30 days'written notice to City and shall <br /> include in such notice the reasons for cancellation. <br /> In the event of termination, Consultant shall be entitled to compensation for services <br /> performed to the effective date of termination; City, however, may condition payment of <br /> such compensation upon Consultant delivering to City any or all documents, photographs, <br /> computer software, video and audio tapes, and other materials provided to Consultant or <br /> prepared by or for Consultant or the City in connection with this Agreement. <br /> 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this <br /> Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a <br /> written amendment to this Agreement, as provided for herein. Consultant understands and <br /> agrees that, if City grants such an extension, City shall have no obligation to provide <br /> Consultant with compensation beyond the maximum amount provided for in this <br /> Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no <br /> obligation to reimburse Consultant for any otherwise reimbursable expenses incurred <br /> during the extension period. <br /> 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the <br /> Parties. <br /> 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this <br /> Agreement contemplates personal performance by Consultant and is based upon a <br /> determination of Consultant's unique personal competence, experience, and specialized <br /> personal knowledge. Moreover, a substantial inducement to City for entering into this <br /> Agreement was and is the professional reputation and competence of Consultant. <br /> Consultant may not assign this Agreement or any interest therein without the prior written <br /> approval of the Contract Administrator. Consultant shall not subcontract any portion of the <br /> performance contemplated and provided for herein, other than to the subcontractors noted <br /> in the proposal, without prior written approval of the Contract Administrator. <br /> 8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br /> provisions of this Agreement allocating liability between City and Consultant shall survive <br /> the termination of this Agreement. <br /> 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms <br /> of this Agreement, City's remedies shall include, but are not limited to, the following: <br /> Consulting Services Agreement between City of San Leandro and BKF Engineers 7/19/2017 <br /> for On-Call Civil Engineering and Land Surveying Consulting Services Page 10 of 15 <br />
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